Proposition 51K2719

Projet de loi modifiant la loi du 7 décembre 1998 organisant un service de police intégré, structuré à deux niveaux.

General information ¶

Authors

MR Daniel Bacquelaine, Jacqueline Galant
PS | SP Thierry Giet

Submission date

Oct. 26, 2006

Official page

Visit

Status

Adopted

Requirement

Simple

Subjects

police election

Voting ¶

Voted to adopt

CD&V Vooruit Ecolo LE PS | SP Open Vld N-VA MR FN VB

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Discussion ¶

Nov. 9, 2006 | Plenary session (Chamber of representatives)

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The emergency was adopted in the plenary session of 26 October 2006.

In the introductory exposition of one of the authors of the bill, Mrs. Jacqueline Galant (MR), recalls that, as regards the Walloon Region, Article 1122-3 of the Code of Local Democracy and Decentralization provides that the municipal council is set up on the first Monday of December following the elections.

The law of 7 December 1998 organising an integrated two-level police service provides in its article 18 that the election of the members of the police council takes place in public session on the third Monday following the establishment of the municipal council. If this date coincides with a statutory holiday, the election is postponed to the first working day of the following.

From these two provisions, it follows that in Wallonia, the municipal councils will be set up on 4 December 2006. The members of the police council should be elected on the third Monday following this installation, namely on 25 December or, in accordance with the aforementioned law of 7 December 1998, on 26 December 2006.

These dates are problematic, as it will be extremely difficult to gather the municipal council in this period. In order to avoid possible difficulties in meeting the quorum required in the municipal council, it is proposed to elect the members of the police council no earlier than the third Monday, no later than the seventh Monday following the installation of the municipal council.

At the discussion level, Article 1 did not raise any discussion. According to Article 1a (new), Mr. Guido De Padt (VLD) and consorts submit an amendment, which aims to amend article 16 of the law of 7 December 1998 organising an integrated service, structured on two levels. by Mr. Guido De Padt explains that, by this amendment, the candidates and replacement councillors of the police council will be elected by the new municipal councillors. Furthermore, this provision is analogous to that which determines the election of the Board of CPAS.

by Mr. Dirk Claes (CD&V) draws attention to the fact that the presentation documents for candidates to the police council must be deposited no later than the thirteenth day before the election. Acts for the CPAS Board must be deposited no later than eight days before the election.

According to Article 2, Mr. Guido De Padt and consorts submit an amendment (Doc. 51/2719/002) which seeks to replace article 18 of the aforementioned law of 7 December 1998. by Mr. Guido De Padt specifies that, by this amendment, the authors provide for the election of the police council and the CPAS council within ten days following the installation of the new municipal council. This implies that, from now on, it will be possible to organize these elections at the same settlement meeting of the new municipal council, which means considerable administrative simplification.

In addition, the amendment provides as a transitional provision for the extension of this period to 35 days after the establishment of the municipal councils elected on 8 October 2006. This exceptional deadline will address the problems of the municipalities of the Brussels-Capital Region and the Walloon Region.

by Mr. Patrick Dewael, Deputy Prime Minister and Interior Minister, responds that he has no fundamental objections to the proposed amendments. However, it recognizes that the autonomy of the Regions in this matter can lead to different chronologies.

by Mr. Daniel Bacquelaine (MR) and consorts submit an amendment no. 5. By this sub-amendment to amendment no. 1, the authors propose to remove the transitional provision.

by Mr. Guido De Padt (VLD) and consorts submit amendment no. 3 to replace article 20 of the aforementioned law of 7 December 1998. by Mr. Guido De Padt claims that this amendment is intended to allow the mandate of a member of the police council to begin on 1 February instead of 1 April, so that this council corresponds, as soon as possible, to the composition of the new municipal councils. In addition, the amendment provides for a transitional provision for cases where, following a complaint, the new municipal council would not be constituted on time.

by Mr. Guido De Padt and consorts submit amendment no. 7. In this sub-amendment to amendment No. 1, it is specified that this claim must be filed under article 18bis of the law of 7 December 1998.

According to Article 4 (new), Mr. Daniel Bacquelaine and consorts submit an amendment no. 6.

Your rapporteur notes that this amendment aims to reintroduce, in the form of an autonomous provision, the transitional provision deleted by Subamendment No. 5, on the one hand, and to increase the originally proposed period of 35 days after the establishment of the municipal councils elected on 8 October 2006 to 42 days, on the other.

by Mr. Guido De Padt et consorts then deposit the amendment no. 4 which provides for the entry into force of this law on the date of its publication in the Moniteur belge.

by Mr. Guido De Padt specifies that this amendment will allow, given the urgency, considerable time savings.

As regards votes, Article 1 is adopted unanimously. Amendment No. 2 of Mr. Guido De Padt was adopted unanimously. Amendment No. 5 of the Daniel Bacquelaine et consorts and sub-amendment no. 1 by Mr. Guido De Padt were successively adopted unanimously. Article 3 new, sub-amendment no. 7 of M. Guido De Padt et consorts and its amendment no. 3 are successively adopted unanimously. Amendment No. 6 of the Daniel Bacquelaine et consorts is also unanimously adopted. Amendment No. 4 of the Guido De Padt et consorts is also unanimously adopted.

The committee decides unanimously to derogate from Article 82 of the House Rules and to vote immediately on the entire text. The amended bill was adopted unanimously. As a result, Mr. President André Frédéric proposes to change the title of the bill, given that several articles of the law of 7 December 1998 organising an integrated two-level police service have been modified. It suggests the following title: "Law proposal amending the law of 7 December 1998 organising an integrated two-level police service". The Commission has signed this new title.

I thank you for your detailed report, which is normal for an oral report, given that this is the only information received by members of the House who have not followed the committee debates.

Sometimes it can go quickly and sometimes it must go quickly. With this bill, this has been the case. It is good that, across the boundaries of majority and minority, we worked together on this on Wednesday in the Committee on Home Affairs and that we therefore agreed to discuss it here today. It was also absolutely necessary.

We find that with legislative changes, either at the federal level or at the three regional levels, the amended legislation is sometimes no longer compatible with other legislation. We need to have more eye for that. We also need to be able to discuss such amendments in Parliament in a timely manner and not to deal with them on a slump, as we should now do. We fully support the proposal. This is not the case, but I think the situation has been known for a while, Mr. Minister. You, your services, and we, as Parliament, might have had to do this faster.

We also make sure that our Wallonian friends-parliamentarians will have a quiet Christmas holiday, because due to the change they do not have to meet with the municipal councils between 22 December and 7 January.

This is not the case for the Flemish colleagues.

On the other hand, in Brakel, you will have a little more work to do on January 2.

Also in the Cross.

Also in the Cross, with Paul. On January 2, we will also be able to proceed to the election of the police councillors. There is a difference. I admit that the date in Wallonia was really unfortunate. The meeting should be held on 25 or 26 December. To be honest, I think these are days when politicians can also be with their families. We do not always need to work. It may sometimes be. January 2 is another day. Then we are again working a little and celebrating a little New Year. We will also bring together the municipal councils.

However, it is important that the legislative change has taken place, also for the sake of continuity in the police councils. We must not underestimate this. On 8 October there were elections of municipal councils and normally we had in Flanders only on 1 April the composition of the new police councils.

In the meantime, there are new mayors. In fact, part of the police council is renewed on 1 January, and the other part would be populated by, for example, police councillors who themselves would not be a member of the municipal council, or who may even have no faction in their municipality anymore. This is now avoided by the fact that on 1 February finally work can be done from the start of the police councils. Overall, it is a very good bill with good amendments, in which Mr. De Padt has also been meritorious and in which we have worked with great pleasure.

Mr. Speaker, Mr. Minister, dear colleagues, I would like to especially thank the Interior Committee and its President for working very quickly on this proposal.

Indeed, there was no absolute need to amend the law and I agree well with it; I recognize the goodness of the soul of the opposition, especially the Flemish, to have embraced this proposal and thus allow the Wallon municipal councillors to spend Christmas with family. This is one of the effects of a union federalism that must be emphasized in this circumstance. I will add that some will also be able to devote themselves to their religious obligations in all serenity for this Christmas celebration.

I agree with the observation of Mr. Claes when he says that we should not take it at the last moment to adapt our legislation to the phenomena of regionalization in various sectors. This is an example, but there are probably others in our legislation that would deserve adjustments taking into account the decisions made in the Regions so that at the federal level, the laws are in accordance and the coordination and coordination between the different legislative bodies are increased. This is a beautiful example.

I am pleased that the initial proposal that Jacqueline Galant, Thierry Giet and myself had submitted was completed by a new date for the establishment of police councils. It seems to me unhealthy to leave in the state the organs from elections, therefore a choice of the citizens, to let organs function while the elections took place six months before. This is approximately the period between 8 October and 1 April. This is not normal.

I do not know the situation in other regions. In Wallonia, we also changed the date of establishment of public centers of social assistance and the designation of counselors. I think it was important to do so: we were roughly in the same situation. It’s not normal to let time run when elections took place months before, sometimes with majority changes that know new elected and the departure of former elected.

This proposal seemed necessary. It has been amended by the Internal Affairs Committee.

I would like to thank both the Minister of the Interior who agreed to make sure that we can move forward in this matter, as well as the members of the Committee of the Interior.

Mr. Bacquelaine, with Mr. Giet and Mrs Galant, you had requested the urgency at the filing of 26 October 2006. With the help of experts and each other, it all went well. I am pleased; it is a good decision!

This again proves that collaborations are possible in this parliament, regardless of political affiliation, between the opposition and the majority.